Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Pay order issued by appellant bank, on instructions of Citi Bank, New York - Payment stopped on instructions received from Citi Bank, New York - There was no transaction between appellant bank and respondent No.2 - Question of liability of debt in favour of respondent No.2 does not survive for..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint and summoning order - Complaint u/s 138 of the Act - Offence by company - Accused was Director of company - He has resigned from directorship of company in year 2006 i.e. before bouncing of cheque - However, accused was signatory to..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint u/s 138 of the Act - Offence by company - Mere bald statement that Director was incharge of and was responsible to company for conduct of its business is not sufficient to hold person guilty...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 473 -- Dishonour of cheque - Condonation of delay - Delay of 1 day in filing of complaint u/s 138 of the Act - In absence of any satisfactory explanation by complainant for delay, Magistrate, on his own, by taking into account facts and circumstances of the case, cannot condone delay..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Complaint by power of attorney holder - Power of attorney in favour of PW1 was executed in view of resolution passed by company for appointing PW1 - Resolution was not signed by both the directors of company, as required, but by a single director - Such power of attorney is not sufficient..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Complaint by power of attorney holder - PW1 attorney was only a private consultant - He had no personal knowledge of transaction between parties - Court below rightly observed that testimony of PW1 was based on information which must have given to him by supervisor of complainant or by..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Complaint by power of attorney holder - PW1 attorney specifically deposed that he could not say as to whether he had shown any liability which was recoverable from accused - Transaction between parties was not proved and therefore legally enforceable debt was also not proved - Moreover,..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay in filing complaint - Delay due to lapse of Postal Department in not furnishing information to complainant about receipt of notice - Delay bonafide and reasonable - Rightly excused by Court below...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed before expiry of 15 days period from the date on which notice is served - It is no complaint in the eye of law - Directions issued that payee or holder in due course may file a fresh complaint within one month from the date of decision in the criminal case and in that event, delay..........
Negotiable Instruments Act, 1881, Section 138, 142, Sick Industrial Companies (Special Provisions) Act, 1985, Section 15, 22A -- Dishonour of cheque - Offence by company - Complaint u/s 138 of the Act - Merely because party has approached BIFR, by itself is not sufficient to seek protection and claim that there is a legal bar for instituting and proceeding with a complaint..........
